What are the factors used to determine liability for a motor vehicle accident?

California, United States of America


The following excerpt is from Thomas v. City of Richmond, 22 Cal.App.4th 765, 27 Cal.Rptr.2d 536 (Cal. App. 1994):

6 Those factors are: " '[T]he foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved.' " (Reenders v. City of Ontario, supra, 68 Cal.App.3d at pp. 1050-1053, 137 Cal.Rptr. 736, citing Rowland v. Christian (1968) 69 Cal.2d 108, 113, 70 Cal.Rptr. 97, 443 P.2d 561.)

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